According to Florida Statute 509.035; an emergency closure is not a disciplinary action, but rather an action taken to mitigate conditions that pose an elevated risk to the health, safety or welfare of the public or the establishment's employees. The licensee is closed until the conditions are corrected. Examples of conditions warranting immediate closure include: lack of approved utilities or hot water, sewage backups or overflows, fire damage, pest infestation or inadequate refrigeration.

A 24-hour callback inspection will be performed after an emergency closure or emergency suspension of license. The establishment may reopen only when a division inspection shows that all critical violations that caused the suspension are corrected.

We find no records that indicate that El Tucan Restaurant, Merritt Island has ever been issued an emergency closure.

No (0) Disciplinary Activity Orders Since January 2007

The Division of Hotels and Restaurants conducts regular inspections of public food service establishments to assure compliance with state sanitation and safety laws.

We find no records that indicate that El Tucan Restaurant, Merritt Island has ever been issued a disciplinary order for any instance of a severe and immediate public health or safety or welfare threat and have complied with state health and safety laws.

No (0) Food Misrepresentation Cases Since March 2006

According to Florida Statute 509.292; an operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment.

The identity of food or a food product is misrepresented if:

The description of the food or food product is false or misleading in any particular;

The food or food product is served, sold, or distributed under the name of another food or food product; or

The food or food product purports to be or is represented as a food or food product that does not conform to a definition of identity and standard of quality if such definition of identity and standard of quality has been established by custom and usage.

We find no records that indicate that El Tucan Restaurant, Merritt Island has ever been cited for food misrepresentation.

2 Food Service Inspections Since July 1, 2014

Inspection For:EL TUCAN

License Number:1505635

License ID:2464284

Inspection Visit ID:5364636

Inspection Date:Monday, October 06, 2014

Inspection Number:2436301

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:11

Number of High Priority Violations:0

Number of Intermediate Violations:5

Number of Basic Violations:6

Details

ViolationObservations of Inspector [as written on inspection]

16-21-4Basic.Accumulation of debris on exterior of warewashing machine. **Corrected On-Site**

05-09-4Basic.No conspicuously located ambient air temperature thermometer in holding unit.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:3

Number of High Priority Violations:0

Number of Intermediate Violations:0

Number of Basic Violations:3

Details

ViolationObservations of Inspector [as written on inspection]

14-01-4Basic.Bowl or other container with no handle used to dispense food. Bowl in flour **Corrected On-Site** **. Repeat Violation**

25-02-4Basic.Unwrapped single-service utensils not presented so that only the handles are touched. Straws

14-17-4Basic.Walk-in cooler/freezer shelves with rust that has pitted the surface. Freezer

Inspection For:EL TUCAN

License Number:1505635

License ID:2464284

Inspection Visit ID:5181476

Inspection Date:Thursday, January 23, 2014

Inspection Number:2376107

Visit Number:1

Inspection Class:Food

Inspection Type:Complaint Full

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:7

Number of High Priority Violations:1

Number of Intermediate Violations:2

Number of Basic Violations:4

Details

ViolationObservations of Inspector [as written on inspection]

14-01-4Basic.Bowl or other container with no handle used to dispense food. Flour has a bowl in it. Corrected on site

13-07-4Basic.Employee wearing jewelry other than a plain ring on their hands/arms while preparing food. Server

29-28-4Intermediate.Water treatment device has not been inspected or serviced according to manufacturer's instructions.

Inspection For:EL TUCAN

License Number:1505635

License ID:2464284

Inspection Visit ID:5058408

Inspection Date:Tuesday, November 12, 2013

Inspection Number:2355664

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:4

Number of High Priority Violations:0

Number of Intermediate Violations:2

Number of Basic Violations:2

Details

ViolationObservations of Inspector [as written on inspection]

12B-13-4Basic.Opened employee beverage container in a cold holding unit with food to be served to customers. **Corrected On-Site**

23-09-4Basic.Soiled reach-in cooler gaskets.

03D-16-4Intermediate.Potentially hazardous (time/temperature control for safety) food covered while cooling.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:11

Number of High Priority Violations:1

Number of Intermediate Violations:5

Number of Basic Violations:5

Details

ViolationObservations of Inspector [as written on inspection]

24-07-4Basic.Cleaned and sanitized equipment or utensils not properly stored. Plates by dirtyaprons

21-32-4Basic.Dirty cloth under cutting board. Corrected on site

13-07-4Basic.Employee wearing jewelry other than a plain ring on their hands/arms while preparing food. Severs have watches on

08B-38-4Basic.Food stored on floor. Chicken in cooler. Cooler on floor

25-09-4Basic.Single-service items for customer self-service not properly protected to prevent contamination. Straws in splash range of handsink corrected on site

03A-02-4High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Beef 46f. On line box, cheese 46f. On top of box. Beef and cheese put in freezer and new items brought out

04-01-4Intermediate.Cold holding equipment incapable of maintaining potentially hazardous (time/temperature control for safety) food at proper temperatures. Do not store potentially hazardous (time/temperature control for safety) food in this unit until the unit is capable of maintaining foods at 41 degrees Fahrenheit or colder. Cook line box is not maintaining 41f. Refrigeration man called

22-05-4Intermediate.Cutting board(s) stained/soiled. Line boaird

13-06-4Intermediate.Employee with artificial nails/nail polish working with exposed food without wearing intact gloves. Server with nail polish on

53B-13-4Intermediate.Proof of required state approved employee training not available for some employees. To order approved program food safety material, call DBPRys contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Some new employees

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:2

Number of Critical/Risk Violations:0

Number of Noncritical Violations:2

Details

ViolationObservations of Inspector [as written on inspection]

33-10-1Observed inside/outside of dumpster not clean.

33-13-1Observed non-bagged garbage in dumpster.

3 Food Service Inspections for July 1, 2010 - June 30, 2011

Inspection For:EL TUCAN

License Number:1505635

License ID:2464284

Inspection Visit ID:4264808

Inspection Date:Wednesday, June 08, 2011

Inspection Number:2051187

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

12B-02-1Critical. Observed employee eating in a food preparation or other restricted area. Plate of employee ice cream cake on shelf in walk in freezer. Corrected On Site, discarded.

15-30-1Two shelving units attached to walls in walk-ins not constructed of materials that are corrosion resistant, non-absorbent, smooth and easily cleanable. Shelves with rust,peeling paint.

23-07-1Observed gaskets with some food soil build-up on gaskets of cook line cooler.

Inspection For:EL TUCAN

License Number:1505635

License ID:2464284

Inspection Visit ID:4033962

Inspection Date:Thursday, September 02, 2010

Inspection Number:2011678

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:2

Number of Critical/Risk Violations:1

Number of Noncritical Violations:1

Details

ViolationObservations of Inspector [as written on inspection]

12B-02-1Critical. Observed employee eating in a food preparation or other restricted area. Corrected On Site.

14-37-1Observed cutting board grooved/pitted and no longer cleanable. Corrected On Site. Operator using other side.

2 Food Service Inspections for July 1, 2009 - June 30, 2010

Inspection For:EL TUCAN

License Number:1505635

License ID:2464284

Inspection Visit ID:3697355

Inspection Date:Wednesday, April 28, 2010

Inspection Number:1900440

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:4

Number of Critical/Risk Violations:2

Number of Noncritical Violations:2

Details

ViolationObservations of Inspector [as written on inspection]

08A-07-1Critical. Unpackaged food not protected from environmental sources of contamination during preparation. Observed salsa being made in triple sink with soap/detergent in adjacent compartment. Corrected On Site.

15-30-1Shelves attached to walls in walk-ins not constructed of materials that are corrosion resistant, non-absorbent, smooth and easily cleanable. Shelves rusting in walkin coolet. Repeat Violation.

Inspection For:EL TUCAN

License Number:1505635

License ID:2464284

Inspection Visit ID:3697356

Inspection Date:Wednesday, October 21, 2009

Inspection Number:1900441

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:4

Number of Critical/Risk Violations:2

Number of Noncritical Violations:2

Details

ViolationObservations of Inspector [as written on inspection]

02-22-1Critical. Ready-to-eat, potentially hazardous food prepared on site and held more than 24 hours with not properly date marked for flan custard.

14-37-1Observed cutting board grooved/pitted at cook line cooler.

14-41-1Food-contact surface not smooth and easily cleanable. Shelves in walkin cooler are rusting.

35A-07-1Critical. Observed small flying insects in bar area.

3 Food Service Inspections for July 1, 2008 - June 30, 2009

Inspection For:EL TUCAN

License Number:1505635

License ID:2464284

Inspection Visit ID:3521794

Inspection Date:Monday, March 09, 2009

Inspection Number:1815315

Visit Number:1

Inspection Class:Food

Inspection Type:Complaint Full

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:2

Number of Critical/Risk Violations:1

Number of Noncritical Violations:1

Details

ViolationObservations of Inspector [as written on inspection]

03D-05-1Critical. Cooked potentially hazardous food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Observed cooked pork at 45 degrees F from last in walkin cooler. Corrected On Site. Operator informed to reheat one time to 165 degrees F, serve once and discard leftoverx.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:2

Number of Critical/Risk Violations:2

Number of Noncritical Violations:0

Details

ViolationObservations of Inspector [as written on inspection]

03A-07-1Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Observed burritos,enchildas,taco meat cold holding at 50 degrees F. Manager states foods made at 9:00 am. No time marked on products;must use all foods within 6 hours or discard. Recommend rapid chill in walkin freezer. Corrected On Site. Repeat Violation.

03B-03-1Critical. Potentially hazardous food not held at 135 degrees Fahrenheit or above. Observed refried beans hot holding at 90 degrees F. Manager stated beans were cooked at 10:45 am but no time marked on product. Must use within 4 hours and discard. Corrected On Site. Repeat Violation.

Inspection For:EL TUCAN

License Number:1505635

License ID:2464284

Inspection Visit ID:2855471

Inspection Date:Monday, July 30, 2007

Inspection Number:1544504

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

02-22-1Critical. Ready-to-eat, potentially hazardous food prepared on site and held more than 24 hours with not properly date marked for flan and other potentially hazardous foods. Corrected On Site.

02-26-1Critical. Working containers of food removed from original container not identified by common name in WIC.

03A-07-1Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Enchilidias were found holding at 67 degrees for less than 2 hours at cookline,below double pan of ice. Must either maintain at 41 degrees F or Below or mark with 4 hour duscard time from removal of WIC. Corrected On Site.

03B-03-1Critical. Potentially hazardous food not held at 135 degrees Fahrenheit or above. Observed refried beans hot holding at 107 degrees on steam table for less than 2 hours;allow one time rapid reheating to 165 degrees F in two hours and hold minimum 135 degrees F on steam table.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

“Copy of Chapter 509, Florida Statutes, available (no longer used per Chapter 2008-55, Laws of Florida)”

Each restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day El Tucan Restaurant in Merritt Island Florida may have fewer or more violations than noted in their most recent restaurant inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Merritt Island's El Tucan Restaurant.

A summary of violations found during inspections are listed in the Food Service Inspection boxes above. Cited are violations of Florida's sanitation and safety laws, which are based on the standards of U.S. Food and Drug Administration's Food Code.

Effective January 1, 2013, the Florida Division of Hotels and Restaurants adopted a new three-tiered violation classification system that replaces the "critical" or "non-critical" classification in use up until then. The new system uses the terms "High Priority," "Intermediate" and "Basic" which better define violation information for consumers, making it easier to understand.

In general, High Priority violations are those which could contribute directly to a foodborne illness or injury. Although the Department of Business and Professional Regulation (DBPR) uses the term "High Priority", varying degrees of severity and potential risk to the public require inspectors to assess each situation in determining the appropriate action. In addition, while El Tucan Restaurant may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure public health and safety.

Intermediate violations are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Basic violations are those which are considered best practices to implement.

Formally, Critical violations were those that, if not corrected, were more likely to contribute directly to food contamination, illness or environmental damage. Noncritical violations did not directly relate to foodborne illness risk, but were preventive measures that included practices and procedures which effectively controled environmental conditions. Left uncorrected, noncritical violations could undermine the overall food safety program of an establishment and lead to the development of critical violations.

While most establishments correct all violations in a timely manner (often during the inspection), the division's procedures are designed to compel compliance with all violations through follow-up visits, administration action or closure when necessary.

Violations listed refer to the revelant section of Florida regulation that has been observed to be deficient during the inspection. Each establishment must comply with the language of the inspection statement. For purposes of enforcement and compliance, the DBPR recognizes the status as printed on the inspection form, although the severity of the violation observed may warrant additional action regardless of its "High Priority/Intermediate/Basic" or "critical/noncritical" designation.